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(영문) 부산지방법원 2016.06.29 2016고단2344

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 22, 1997, the Defendant, as a Chinese, may impose a lot of money on the victim E, F, and G, “D” in a Chinese restaurant in the Dong-gu Busan Metropolitan City on December 22, 1997.

Since US$200,000 is urgently required to make an investment, it will return the invested money within three years and distribute the profit of KRW 1.2 billion per year.

The phrase “ makes a false statement.”

However, there was no fact that the Defendant conducted a market research on the herb extraction machine or established a distribution network for the herb extraction machine, and even if the victims received investments from the victims, there was no thought to establish a joint venture company, and there was no intention or ability to return the investments to the victims within three years or distribute the profits of KRW 1.2 billion a year.

On April 27, 1998, the Defendant transferred USD 40,000 in the account under the name of the Defendant, and USD 25,000 in total on June 11, 1998 ($ 91,000 in Korea at the time) from the victims.

Accordingly, the defendant, by deceiving the victims, received property from the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the E and F in the first examination protocol of the suspect against the accused in the prosecution;

1. A complaint - Application of Acts and subordinate statutes to establish, operate and share a heavy joint venture, receipt of foreign currency remittance ($ 40,000), and application for foreign currency remittance ($ 25,000).

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the suspended sentence of the Criminal Act is committed by the Defendant, as seen above, by deceiving USD 65,00 ($91,000) with the funds for the establishment of a joint venture company in Korea to the victims, and the crime is bad.

However, the defendant is against the defendant, and the victims have paid damages to the victims, and the victims have agreed to the punishment.